Parties of the case are from diff states Amount in controversy is at least 75K

Parties of the case are from diff states amount in

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Parties of the case are from diff states Amount in controversy is at least $75K MUST HAVE BOTH Bristol Myers Squibb (BMS) v. Superior Court (p 37) (^$ --> ^Jdxn--Unconstitutional) Several hundred people harmed by prescription drug People of cali suing pharmaceutical company Did the pharmacy harm in some way? Which Court System? Does it belong in cali? Made it to US Supreme Court Is the way cali determines jurisdiction constitutional General jurisdiction comes from place or residence or corporate “home” → suit for anything Does this business call cali home? NY and NJ Are home for BMS Specific Jurisdiction, suit must arise from contacts with forum state → suit for this issue only At Issue: cali “Sliding Scale Approach” to specific Jdxn … %* Unconstitutional Numerical approach → big numbers → “more money = more jdxn” - Cali
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Contracts with Forum State General PJ: Continuous and systematic contacts with state Specific PJ: Calder Effects Test - a D’s tortious acts can serve as a source of PJ only where P makes a PF showing that D’s acts (1) were intentional, (2) uniquely or expressly aimed at a forum state, and (3) caused harm suffered in forum state and D knew such harm was likely to be suffered P = prosecutor PF = Prima Facie (on its face) = series of requirements that build a concept D = Defendant Forum State = not home state Just because you are doing business in multiple places does not justify being responsible for problems in other states (Longhorn Tshirts example) Have to have all 3 Can be expressly aimed and not intentional (ex: hurricane materials intentionally aimed @ Houston but accidentally aimed @ Florida) Additional Issues Venue (geographically where does your case end up) Jdxn (state or fed court) Finer lens → El Paso or Houston Convenience (venue rules help decide this) Conflict of Laws (which states laws get applied?) Ex: TX court hears case but apply Delaware law because business was formed in Delaware Legal (Monetary damages) and Equitable remedies (What does the judge or jury require to rectify a situation, i.e. an injunction) Equitable remedies are anything that isn’t money → Do not do this or you will have to DO this → i.e. restraining order Parties to a trial Attorneys (adversarial) Judge = objective and neutral Up to a lawyer to bring things to the judge’s attention Because of this it can be seen as justice being brought Clients $10K threshold for small claims Don’t need a lawyer Less time Judges are nice $100K for big cases If less than 100K don’t go to trial 95% of all law suits filed never make it to trial Lawsuit Timeline (the steps) (chapter 3; pg. 50) Complaint → summons Problem in formal doc to the correct court Summons = letter shows up “you got served” Motion to Dismiss (MTD) = fails a lot I didn’t do anything wrong, I want to dismiss the case Motion for judgement upon pleadings Answer Denial
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  • Spring '08
  • BREDESON

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